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DRRC 03-27-08 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Development Review and Regulations Subcommittee From: Candice E. Perkins, AICP, Senior Planner Subject: March Meeting and Agenda Date: March 19, 2008 The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting on Thursday, March 27, 2008 at 7:30 p.m. in the first floor conference room (purple room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRS will discuss the following agenda items: AGENDA 1) Business Overlay District. Continued discussion of revisions to the proposed new overlay district to begin implementing the traditional neighborhood design elements of the Urban Development Area (UDA) Study. 2) Rural Preservation Subdivisions. Discussion of revisions to the RA (Rural Areas) Zoning District pertaining to the requirements of rural preservation subdivisions. Please contact this office if you will not be able to attend the meeting. Thank you. Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the four-story wing. I would encourage committee members and interested citizens to park in the County parking lot located behind the new addition or in the joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. CEP/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Item #1: Business Overlay District At the February 2008 DRRS meeting, revisions to the proposed business overlay district were discussed. The primary changes included revisions to the location where the overlay district would be permitted, as well as minor changes to the general regulations, parking, and design standards. At the February meeting, the DRRS identified several revisions that needed to be made and also wanted to see maps pertaining to the location of the district. Pertaining to the location of the district, with the revised district presented at the last DRRS meeting, staff had recommended that the district be permitted within the Urban Development Area (UDA) preferably within areas identified as a potential urban center or neighborhood village. It was noted at the meeting that this location would not accommodate some of the recommendations being made with the Route 277 Study currently being undertaken. The location being proposed with this revised ordinance is that the Business Overlay District could be established in the Urban Development Area (UDA), preferably within areas identified as a potential urban center or neighborhood village or on property that is within the Sewer and Water Service Area (SWSA) that is located within areas identified as a potential urban center or neighborhood village. Other changes to the ordinance include revisions to the off-street parking section, revision of the minimum window requirement, the addition of a required plaza area, revisions to the sidewalks, trails and screening sections. If the DRRS is supportive of this ordinance amendment, staff will forward it to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Revised ordinance with deletions shown in blackline and additions shown in blue italics. 2. Maps showing the UDA and all urban centers and neighborhood villages, and a map showing where the overlay district could be applied. 4 March 19, 2008 Revised DRRS Draft TNDB Overlay District Article XXIII TNDB (Traditional Neighborhood Design -Business) Overlay District Intent. The TNDB (Traditional Neighborhood Design -Business) Overlay District is intended to implement the comprehensive plan goals of supporting a business climate conducive to economic activity and orderly economic growth, providing a variety of housing types and locations to meet the varied needs and income levels of the county's present and future population, providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages, all of the foregoing being deemed to advance and promote the health, safety and general welfare of the public and the orderly development of Frederick County. The TNDB (Traditional Neighborhood Design -Business) Overlay District provides parcels within the County's urban Development Area (UDA), and parcels within the Sewer and Water Service Area (SMSA) that are located within areas identified as a potential urban center or neighborhood village an area identified as a peteRlial uFban the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in §165-82 and §165-83 of this chapter. This flexibility is provided to enable traditional neighborhood design which includes a mix and integration of uses, a mix and diversity of housing types, increased density, walkability, connectivity, traditional neighborhood structure, high quality architecture and urban design, sustainability and environmental quality and enhanced design and planning. District boundaries. Properties that are included within the TNDB (Traditional Neighborhood Design - Business) Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. Establishment of districts. A. The Frederick County Board of Supervisors may apply the TNDB (Traditional Neighborhood Design -Business) Overlay District, following the procedures of ARTICLE II of this Chapter, to B1 Neighborhood Business District and B2 Business General District properties less than 20 acres upon concluding that: 1. The property is located within the Urban .Development area, or located within the Sewer and mater Service Area within an area identified as a potential urban center or neighborhood village an area designated as in the Comprehensive Plan. 2. The requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential. -1- March 19, 2008 Revised DRRS Draft TNDB Overlay District B. The TNDB (Traditional Neighborhood Design -Business) Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the TNDB (Traditional Neighborhood Design -Business) Overlay District shall also be within one or more zoning districts as specified within this chapter. The effect shall be the creation of regulations and requirements for the TNDB (Traditional Neighborhood Design -Business) Overlay District that are in addition to, or supersede, as the case may be, those for the underlying zoning district(s). General regulations. A. Use. Any use allowed in the underlying zoning district shall be allowed. Residential dwelling units shall be permitted within the same buildings as other permitted uses, provided that such dwellings units shall be located above the ground floor of the building so as not to interrupt the commercial frontage in the district. B. Residential density. Maximum gross density shall be 10 units per acre. C. Dimensional and intensity requirements. The following dimensional and intensity requirements shall supersede those of the underlying zoning district: Requirement Minimum front yard setback on primary or arterial highways (feet) Maximum front yard setback on primary or arterial highways (feet) Minimumfront yard setback on Collector or minor streets (feet) Maximum front yard setback on collector or minor streets (feet) Side yard setbacks (feet) Rear yard setbacks (feet) Floor area to lot area ratio (FAR) Minimum landscaped area (percentage of lot area) -2- TNDB (Traditional Neighborhood Design -Business) Overlay District 30 50 10 20 1.00 15 March 19, 2008 Revised DRRS Draft TNDB Overlay District Maximum height (feet) 45 Maximum (number) of habitable floors 3 D. A waiver from the maximum front yard setback on collector or minor streets may be granted by the Board of Supervisors at the time of rezoning to enable areas open to the public such as pocket parks and outdoor seating. E. All other dimensional and intensity requirements of § 165-83 of this Chapter shall apply. Off-street parking; parking lots. Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section. A. Required parking spaces. 1. Required parking spaces for residential dwelling units shall be dedicated and delineated solely for use by the residents and t"eif N4sitor-s and identified on the Site flan for the development. 2. Number of required off-street parking spaces for residential dwelling units: Number of bedrooms Efficiency 1 2 plus Off-street parking spaces 1.0 1.0 2.0 3. Required parking spaces for commercial uses shall be in accordance with §165-27 of this chapter. The Zoning Administrator may allow some variation in the standards for required parking for the commercial uses based on detailed parking demand studies provided by the applicant. 4. On -street parking can be counted towards meeting the required parking in §165-27 of this chapter, provided such parking is located within 400 feet of the subject principal use. B. Location of parking and circulation areas. Areas devoted to parking or circulation of vehicles shall not be located between a primary structure on a lot and the street, nor shall such areas be located closer to the street than the primary structure on the lot. C. All other regulations concerning off-street parking and parking lots shall be as required in § 165-27 of this chapter. Design Standards. � 3 - March 19, 2008 Revised DRRS Draft TNDB Overlay District A. A harmonious coordination of uses, architectural styles, signs and landscaping shall be provided to ensure the aesthetic quality and value of the development. B. Door and entrances. Buildings must have a primary entrance door f4eing oriented towards the street or adjacent plazas, parks, squares, sidewalks or pedestrian passageways. any side . ll . Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian -oriented plazas, or courtyard entrances to a cluster of shops or businesses. C. A minimum of �o 50% of the street -facing building facades between two feet and eight feet in height must be comprised of windows that allow views of indoor space or product display areas. A wavier front the minimum facade window requirement may be granted by the Board of ,Supervisors through the consideration of architectural renderings submitted by the application. However in no case shall the street facing building facades be comprised of less than 40% windows. Ventral Plaza. A plaza that is centrally located within the district shall be provided and shall be a minimum of 10,000 square feet in area. At least one side of the plaza shall adjoin a road The plaza shall include public amenities, such as ponds, fountains, public areas, plan beds, benches, drinking fountains, clock pedestals and the like. Buildings that adjoin the plaza shall be a minim of two (2) stories. Sidewalks and pedestrian walkways. Sidewalks shall be installed along all building entrances and along all streets. Sidewalks located along building entrances utilized for the general public shall be a minimum of ten (10) feet wide. All other sidewalks shall be a minimum offive (5) feet wide. Trails. All planned bike trails as identified in the Comprehensive Plan for the site be provided along any road within the proposed overlay district. Trails shall be a minimum of 10 feet wide and have an asphalt surface. Buffers and screening. A. Buffers and screening shall be provided on each lot or parcel on which any use is established according to the requirements of this section. Buffers and screening requirements shall be provided as required in §165- 37 of this chapter for the underlying zoning district. Any residential dwelling units shall be treated as commercial floorspace solely for the purpose of buffers and screening requirements. The Board of ,Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. ,Should a -4- March 19, 2008 Revised DRRS Draft TNDB Overlay District waiver be granted the distance requirements of §165-37 may be reduced, provided the full screening requirements of the section are met. 2. Loading areas shall be landscaped, screened and buffered from view as seen from adjoining streets and residential areas. Street trees. One street tree shall be provided for every 30 feet of street frontage. Street trees shall be planted no more than 10 feet from rights of way. Acceptable trees shall be based on the list of street trees include in §165-36B of this chapter. Street trees shall be a minimum of three inch caliper at the time of planting. Master Development Plan (MDP) A. The Director of Planning and Development may waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design - Business) Overlay District for sites less than 10 acres in accordance with §165- 134(C)(2) through §165-134(C)(6) of this chapter. The Director of Planning and Development may also waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design -Business) Overlay District provided that a proffer statement, accepted by the Board of Supervisors, associated with the development contains a plan which shows: 1. The proposed location and arrangement of all street and utility systems. 2. The proposed location of entrances to the development from existing streets. 3. A conceptual plan for stormwater management and description of the location of all stormwater facilities designed to serve more than one parcel. 4. The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. B. All other regulations concerning master development plans shall be as required in Article XVIII of this chapter. Signage. A. Projecting signs. Signs which project from the face of the building shall be permitted subject to the following: 1 Maximum sign area shall be six (6) square feet on any side of the building. 2 Distance from the lower edge of the signboard to the ground shall be eight (8) feet or greater. 3 Height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single story buildings, or the height of the sill or bottom of any second story window for multi -story buildings. -5, March 19, 2008 Revised DRRS Draft TNDB Overlay District 4 Distance from the building to the signboard shall not exceed six (6) inches. 5 Width of the signboard shall_ not exceed three (3) feet. B. Awning signs. Wherewnings are provided over windows or doors, awning signage is permitted with the following provisions: 1 Maximum eight (8) square feet of signage area on an awning. 2 No backlit awnings are allowed. C. Wall -mounted signs shall be permitted to encompass 1.5 square feet for every 1.0 linear feet of building frontage, provided that the total area of the wall -mounted sign does not exceed 150 square feet. Wall -mounted signs shall not exceed 18 feet in height. D. Freestanding business signs shall not exceed 50 square feet in area. Freestanding business signs shall not exceed 12 feet in height. E. All other signs regulations shall be as required in §165-30 of this chapter for the underlying zoning district. -6- March 19, 2008 Revised DRRS Draft TNDB Overlay District ARTICLE XXII Definitions 165-156. and word usage. [Amended 11434991,1 HABITABLE FLOOR — Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof, except for a floor used only for storage purposes. The definitions below are taken from the Subdivision Ordinance — Chapter 144 of the Frederick County Code STREET, COLLECTOR - A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, that may be required to serve as access to adjoining properties or to connect with streets in adjoining subdivisions. STREET, LOCAL — A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to serve as access to adjoining properties or to connect with streets in an adjoining subdivision. -0. -o, J Potential-- NbighborhPod! Village &)Urban enter Locations IN J271 , FA -ft --1 11w 'M &A Neighborhood Village & Urban Centers :,-.J Update Map with Current UDA & SWSA Neighborhood Villages (with Pad Sheds (.25 &.5 miles)) Urban Centers (with Pad Sheds (.26 &.5 miles)) UDA SVVSA W N E r 1-----J I Miles 0 05 1 2 �-16 C--, Dpt f P1 wg & n—lpi—t VA s -W. www CO.VREWWCK V -\ LIS O,E,b,- 17.20 r, Potential Business Overlay, [districts c ■ 1 60 r� ✓r ■ I _ 37 41", 37 � � ♦�O t '* + 4 \ ♦ ♦ y, 37 I O ♦ 4 7 �• 1 \ r` 2 .-.... - DRAFT - Potential Development\G 93 r i Business Overlay Districts Centers within SWSA, ebgiole for overlay Centers outside SWSA, not eligible for overlay UDA . SWSA Miles 0 05 1 2 N F� c�le� ick County ll�pt of Plannin ¢ r. GeueloGn� nc W • E Ken[ 11.... +'U C6v 5ll RIDERiC'K"^ i_,ti N1. ch , n, 2- 3/19/2008 -- 2 12.16 PM Item #2: Rural Preservation Subdivisions When subdividing land over 20 acres in the RA (Rural Areas) Zoning District, one option is to do a rural preservation subdivision. A rural preservation subdivision is still subject to the five acre density requirement, but it allows a subdivider to create lots as small as two acres with a 40% preservation tract. One issue with these subdivisions is the fact that the preservation tract does not count towards the overall density of the subdivisions and, therefore, the subdivision is permitted to have one additional lot. Staff has been directed to look at the requirements for rural preservation subdivisions. Proposed revisions include removing the preservation lot from the density exceptions, increasing the preservation percentage requirement from 40% to 60%, and adding an exception to the maximum depth requirement for the 60% preservation lot. Attachments: 1. Existing Ordinances. 2. Revised ordinances with deletions shown in blackline and additions shown in bold italics. 3 ATTACHMENT 1 § 165-51 FREDERICK COUNTY CODE § 165-52 (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five feet in height. This fence or screen shall be adequately maintained. X. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Y. Cottage occupations. Z. Veterinary office, clinic or hospital, including livestock services. [Amended 8-24-20041 AA. Day-care facilities. [Added 8-8-1990] BB. Humanitarian aid organizational office. [Added 1-27-1999] CC. Schools (with residential component). [Added 10-27-1999] DD. Fruit and vegetable stands (SIC 5431). [Added 8-24-2004] EE. Blacksmith shops (SIC 7699). [Added 8-24-20041 FF. Farriers (SIC 7699). [Added 8-24-2004] GG. Horseshoeing (SIC 7699). [Added 8-24-2004] HH. Taxidermists (SIC 7699). [Added 8-24-2004] § 165-52. Permitted residential density; exception. [Amended 12-11-1991] A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section. B. Exception to permitted density. On lots containing between seven and 10 acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-54B of this chapter. Within subdivisions utilizing rural preservation lots, the forty -percent parcel shall not count against the permitted density of the parent tract. 165:72 06-15-2007 § 165-53 ZONING § 165-54 § 165-53. Minimum lot size. [Amended 12-11-1991] The minimum lot size for permitted uses shall be two acres. § 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-1991] The following types of lots shall be permitted: A. Traditional five -acre lots. On any parcel, lots of five acres in size or greater shall be permitted. B. Family division lots. On any parcel which contained seven acres or more prior to the adoption of this article, lots as small as two acres may be created, provided that the following conditions are met: [Amended 7-10-2002] (1) Lots are conveyed to members of the immediate family of the owner of record of the parent tract. The conveyed lot(s) shall remain with the family member for a period of five years from the date of the creation of the family lot. [Amended 2-28-2007] (2) Only one such lot shall be permitted per immediate family member. (3) One parcel of at least five acres in size shall remain intact following the division. (4) The creation of all such lots shall be in accordance with the provisions of the Frederick County Subdivision Chapter and § 15.2-2244 of the Code of Virginia. C. Agricultural lots. Parcels of five acres or more in size may be created for legitimate agricultural purposes, as defined by this chapter, provided that the parcels created qualify for land use assessment. D. Rural preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: [Amended 10-13-19931 (a) Forty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). [Amended 2-28-2007] (b) This acreage must be designated prior to the division of the fourth lot. (c) No future division of this designated Rural Preservation Tract shall be permitted. [Amended 2-28-2007] (2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 40% to be made up of two parcels. [Amended 2-28-2007] (3) Board of Supervisors waiver of division restriction. [Amended 2-28-2007] 165:73 06- IS -2007 § 165-54 FREDERICK COUNTY CODE § 165-55 (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D (1) after a period of 10 years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning. § 165-55. Setback requirements. [Amended 12-11-1991; 6-9-1993] The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Traditional five -acre lots and family division lots. Setbacks from traditional five -acre lots and family division lots shall be as set out below. [Amended 2-28-2007] (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Setback (Side and Rear) Adjoining Parcel Size (feet) 6 acres or less 50 More than 6 acres 100 Orchard 200 Agricultural and Forestral District 200 B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-55A(2) of this chapter. (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any existing state -maintained road and 45 feet from the right-of-way of any existing private ingress/egress easement or state -maintained road constructed to serve the subdivision. 165:74 06- 15-2007 § 165-55 ZONING § 165-58 (2) Side setback. No principal use or structure shall be located closer than 15 feet from any side lot line. (3) Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot line. C. Board waiver. The Board may allow the above -referenced setbacks to be reduced if the constraints of the setbacks create an undue hardship on existing parcels of record. Such requests and justification to reduce the setbacks shall be presented to the Planning Commission for a recommendation that is forwarded to the Board of Supervisors. [Amended 9-25-2002; 3-28-2007] D. Accessory uses. The minimum setback for any accessory use or structure shall be 15 feet from any side or rear property line of a traditional five -acre lot or any side or rear property line of a rural preservation lot. § 165-56. Minimum width; maximum depth. [Amended 9-12-1990; 12-11-1991] A. Minimum width. The minimum width for rural preservation lots fronting on roads proposed for dedication shall be 200 feet at the front setback, with the exception of lots fronting on the turnaround of a cul-de-sac, which shall have a minimum width at setback of 100 feet. The minimum width for all other lots shall be 250 feet at the front setback line. B. Maximum depth. The maximum depth of any lot shall not exceed four times its width at the front setback line. § 165-57. Height restriction. No structure shall exceed 35 feet in height_ ARTICLE VI RP Residential Performance District § 165-58. Intent. A. This Article is, intended to implement the residential land use policies of the Comprehensive Plan dealing with urban lands. The plan identifies four basic land use characteristics which are to be encouraged: (1) Efficient land use patterns. (2) Reduced housing and public facility costs. (3) Energy efficient housing and housing patterns. (4) Environmentally sensitive land use. 165:75 06-15-2007 ATTACHMENT 2 ARTICLE V RA Rural Areas District § 16.5-52. Permitted residential density; exception. [Amended 12-11-1991] A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section. B. Exception to permitted density. On lots containing between seven and ten acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-54B of this chapter. Within subdivisions Ufflizing fufal the p nt true § 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-19911 C. Rural preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: [Amended 10-13-19931 (a.) Eertyy ,sixty percent of the parent tract must remain intact as a contiguous parcel. (b) This acreage must be designated prior to the division of the fourth lot. (c) No future division of this portion of the parent tract will be permitted. (2) Exception to single forty sixty -percent parcel. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 40% 60% to be made up of two parcels. (3) Board waiver of division restriction. Ten years from the date of the creation of any ferry sixty -percent parcel and following a public hearing, the Board of Supervisors may release the parcel from the restrictions of Subsection D(1) through the process of rezoning, provided that the rezoning is consistent with the goals of the Comprehensive Plan in effect at that time. Any sia y - percent parcel which is within the Urban Development Area (UDA) at the time of its creation or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning. § 165-56. Minimum width; maximum depth. [Amended 9-12-1990; 12-11-1991] A. Minimum width. The minimum width for rural preservation lots fronting on roads proposed for dedication shall be 200 feet at the front setback, with the exception of lots fronting on the turnaround of a cul-de-sac, which shall have a minimum width at setback of 100 feet. The minimum width for all other lots shall be 250 feet at the front setback line. B. Maximum depth. The maximum depth of any lot shall not exceed four times its width at the front setback line. 111iihin sviib livWons utilizing rural preservation luta, the :vigy- per°eent par eel sh all be exemptfrranr the maximum depth requir e aew.